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    Baum's Avatar
    Baum Posts: 6, Reputation: 1
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    #1

    Mar 24, 2009, 06:45 AM
    Eviction of Adult Child
    How do I go about evicting an adult child who does not pay rent and refuses to follow the rule of respecting others in the house, including father, step-mother and under-age sibling?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 24, 2009, 06:54 AM

    I moved this to the Real Estate Law forum, because the rules for eviction stay the same no matter what the relationship is. As long as the person has established residency, they have to be evicted according to local laws.

    Do you have a written or verbal agreement that the child agreed to pay rent or any proof of that?

    You should go to your local housing court to find out the exact process for your area. But generally it works like this:

    1- serve resident/tenant with a 3-10 day pay or quit notice or a 30-60 day termination of residency notice. The amount of time you have to give depends on local laws.

    A pay or quit notice means they can pay up and stay. A termination notice means they have to leave no matter what.

    2- when the notice expires, if they haven't left, you need to go to court for an eviction order. This involves a hearing where the resident can fight the eviction.

    3- An eviction order is issued given the resident a few days to vacate.

    4- If they still haven't vacated, then the landlord hires a sheriff to physically remove them.
    Baum's Avatar
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    #3

    Mar 24, 2009, 07:00 AM

    Our adult son does not pay any rent? Does the same rule still apply that we have to give him a 30 day notice to leave and then if he doesn't comply, evict him. The wayne county (OH) sheriff'soffice told us if he doesn't want to follow our rules, have him evicted.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 24, 2009, 07:03 AM

    That's what I said, you have to evict him. He is a resident whether he pays rent or not. The only difference here whether you do a 30-60 termination or a pay or quit. You can only do the pay or quit if you can prove an agreement to pay is in place.
    Baum's Avatar
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    #5

    Mar 24, 2009, 07:07 AM

    So, do you recommend that I give him a 30-day notice, then file for eviction or give the 30-day notice and file for the eviction all at the same time? We already told him verbally that we were planning to evict him and it is my understanding that he is looking for a place to live already.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 24, 2009, 07:14 AM
    The steps I outlined are chronological. You can't file for eviction until he ignores the termination of residency order by staying past the deadline.
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    #7

    Mar 24, 2009, 07:16 AM

    Okay. Thanks.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 24, 2009, 10:08 AM

    Yes, you have to give him a written 30 day notice, hopefully he will just move out during that tme, If he does not, you then file for a formal eviction in court.

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